On Tuesday, a Zuba Magistrate Court in Abuja denied bail to Obiajulu Uja, who protested against the president-elect, Asiwaju Bola Ahmed Tinubu of the All Progressive Congress (APC), while on an Ibom Air flight from Abuja to Lagos.
Uja was taken off the plane by airport security officers because his protest delayed the flight for more than an hour. He had asked for bail through his lawyer, Barr. Ejike Ugwu.
But on Tuesday, Senior Magistrate Mohammed Abdulazeez Ismail threw out Uja’s application because it was too soon.
Ismail says that the documents that were sent with the application did not say that the defendant was not fit to stand trial. Instead, they said that he was not of sound mind.
Also, he said that even though the Constitution says everyone has the right to be free, a court can take away someone’s freedom if they are sick.
Ismail said that Uja can’t get bail because of Section 35(1)(e) of the Constitution of the Federal Republic of Nigeria of 1999 (as changed) and Section 278 of the Administration of Criminal Justice Act (ACJA) of 2015.
The Magistrate said that when a defendant’s mental capacity is in question, the court has to find out about his or her health.
After that, he turned down Uja’s request for bail and told the Nigerian Correctional Service to hold him at the Kuje Correctional Centre.
The case has been postponed until April 20, 2023.